Okla. Stat. tit. 70, § 70-509.2

defined - Petition for election - Conduct of election.

A. The board of education shall recognize an employee

organization designated by an election of the employees in an

appropriate bargaining unit as the exclusive representative of all

the employees in such unit. The members of an employee organization

shall be employees as defined in paragraphs 1, 2 and 3 of this

subsection and Section 1-116 of this title. The recognition of such

employee organization shall be made by the board no later than

fourteen (14) days after the election. Any person who desires not

to be represented by any organization may so state in writing to his

or her board of education. Appropriate bargaining units are defined

as follows; however, such definition shall not be construed, of

itself, as requiring that bargaining units engage in bargaining or

act to disengage from bargaining:

1. Employees who are employed and certified as principals and

assistant principals and who have responsibilities for the

supervision of classroom teachers shall constitute an appropriate

unit;

2. All other employees who are required by the position in

which employed to be certified as teachers as that term is defined

in Section 1-116 of this title and who do not hold supervisory

authority with respect to other teachers in the district shall

constitute an appropriate unit; and

3. All employees who are not required by their job description

to be a principal, certified teacher, superintendent or other

certified or noncertified administrator shall constitute a separate

bargaining unit. Provided that, employees with access to

confidential, labor relations information of the school district, or

managerial employees whose responsibilities include making

employment recommendations to the superintendent and for which their

position does not require a certificate, shall be excluded from this

or other bargaining units. Also excluded is any employee position

agreed to be excluded from the bargaining unit by the employee

organization and the school district.

Provided, if employees categorized according to paragraphs 2 and

3 of this subsection were organized for bargaining as a single unit

as of April 14, 1986, or are at any time employed in a district

having fewer than seventy-five employees in the two categories taken

together, the employees may, for such time as a majority of the

employees in each category indicate by secret ballot vote they share

a single community of interest, constitute a single appropriate

unit. Further provided, any final judgment of the Supreme Court

denying such community of interest in any school district shall have

the effect of rendering inappropriate all units, in whatever school

districts they exist, which include employees of both categories.

Oklahoma Statutes - Title 70. Schools Page 1008

B. 1. Within seven (7) business days of receiving a sealed

packet containing an employee petition filed by or on behalf of

thirty-five percent (35%) or more of the employees in a unit, such

petition calling for an election to determine which, if any,

employee organization represents the employees in a bargaining unit,

the board shall arrange for verification that there are a sufficient

number of correct names to constitute at least thirty-five percent

(35%) of the employees in the unit. Such arrangements shall include

the transmitting of the sealed packet and a list of employees

eligible to be included in the bargaining unit to the individual

designated pursuant to the provisions of paragraph 2 of this

subsection.

2. The petition calling for the secret ballot election shall

contain only the names of employees of the bargaining unit who have

signed and dated the petition. Within thirty (30) days of receipt

of the sealed packet by the district court judge in and for the

county in which the school district has its main office, the sealed

packet shall be opened and the petition shall be verified by an
on.

2. The petition calling for the secret ballot election shall

contain only the names of employees of the bargaining unit who have

signed and dated the petition. Within thirty (30) days of receipt

of the sealed packet by the district court judge in and for the

county in which the school district has its main office, the sealed

packet shall be opened and the petition shall be verified by an

individual designated by the district judge of such court for the

county in which the school district has its main office. Upon

verification of the number of signatures on the petition, the

district court judge shall notify in writing the district board of

education and any employee organization that has requested notice of

the verification. Under no circumstances shall the individual so

designated reveal the names of employees who signed or did not sign

the petition. If an employee has signed more than one petition, the

name of the employee shall be removed from each petition.

3. The period of time for signing of a recognition petition

shall commence upon receipt of written notification by the school

board from an organization indicating that it intends to circulate a

petition and shall cease thirty (30) days thereafter. Provided, if

an organization recognized as representative of a unit for

bargaining is being challenged for discontinuation of representation

as provided in paragraph 7 of subsection C of this section or is

being challenged by another organization seeking recognition, the

period for signing shall commence on the first day of February and

end on the last day of that same February.

C. 1. Not less than forty-five (45) days nor more than sixty

(60) days after receipt of notification that the petition has been

verified as sufficient, a secret ballot election shall be held to

determine which, if any, employee organization shall represent the

unit. No election shall be held for a unit within which a valid

election was held in the preceding two (2) years.

On or after March 2, 1995, the board shall recognize within ten

(10) days an organization which has obtained signed authorization

from a majority of the employees eligible to be included in the unit

but has not been recognized. No election shall be held for such

Oklahoma Statutes - Title 70. Schools Page 1009

unit within two (2) years of recognition. An appropriate election

ballot shall be printed for this election, which contains the names

of all employee organizations having presented a petition verified

as signed by at least thirty-five percent (35%) of the employees

eligible to be in the unit to represent or currently recognized as

representing the unit; provided, no such organization shall be shown

on the ballot unless the organization pays to the board a filing fee

of Two Hundred Fifty Dollars ($250.00). The ballot shall also

provide an option whereby any employee of the unit may indicate a

preference that the unit not be represented by any organization.

Every organization that receives at least fifteen percent (15%) of

the vote in the election shall be reimbursed the Two Hundred Fifty

Dollars ($250.00) by the board. The board shall use any remaining

filing fee money to help offset the cost of the validation process

of the petition, if any, as well as any election costs incurred.

2. When none of the choices on the ballot receives a majority

of the votes, a runoff election shall be conducted on the fourteenth

day following the first election between the two choices which

received the largest number of votes in the preceding election.

3. The employee organization or organizations and the school

board shall, by agreement, determine the method by which each

election shall be conducted. All costs incurred in an election

shall be shared equally by all parties involved.

If no agreement can be reached by thirty (30) days prior to the

election, the board of education shall notify the county election
es in the preceding election.

3. The employee organization or organizations and the school

board shall, by agreement, determine the method by which each

election shall be conducted. All costs incurred in an election

shall be shared equally by all parties involved.

If no agreement can be reached by thirty (30) days prior to the

election, the board of education shall notify the county election

board of the county in which the board is located of such fact, and

the following method for conducting the secret ballot election shall

be followed and conducted by the county election board:

a. At the time of such notice, the board of education

shall provide to the county election board:

(1) a list of all the polling places for the

election, such list to include every middle

school or junior high school and the central

administration office in the district;

(2) a list of names of all the persons eligible to

vote in the election, such list to be in

alphabetical order and duplicated in such number

that there shall be one for each polling place,

plus an additional five copies;

(3) the names of each organization entitled to have

its name appear on the ballot; and

(4) the date of the election which shall not be a

special election date specified by subsection B

of Section 3-101 of Title 26 of the Oklahoma

Statutes.

b. Ballots for the election shall be printed by the

county election board in the same manner as for other

Oklahoma Statutes - Title 70. Schools Page 1010

elections conducted by the county election board,

insofar as is possible. The names of organizations

shall be listed on the ballot in the order in which

said names are furnished to the county election board

by the board of education. The option specifying that

no organization shall represent the employee

bargaining unit shall be listed last on the ballot, in

such language as may be specified by the board.

c. The secretary of the county election board shall

appoint an inspector, judge and clerk for each polling

place. The inspector, judge and clerk shall be

selected from among the regular precinct officials in

the county.

d. Polling places shall be open from 7:00 a.m. to 7:00

p.m. on the day of the election. Any eligible person

who appears to vote no later than 7:00 p.m. shall be

entitled to vote.

e. Eligible voters may vote after signing their

signatures beside their names on the list of names of

all the persons eligible to vote in the election. The

voter shall place his or her ballot in the ballot box

in the presence of the inspector.

f. Each organization entitled to have its name appear on

the ballot shall be permitted to appoint one

challenger at each polling place. Each such

challenger shall be properly identified as such, and

shall be limited to inquiring of a prospective voter,

said prospective voter's name, address, job

classification and work site. The challenger may

challenge the right of any prospective voter to vote

by so informing the judge. Upon being so challenged,

the prospective voter may vote if, after being

informed by the judge of such a challenge, the voter

signs his or her signature beside his or her name on

the list of names of all the persons eligible to vote

in the election. If same occurs, the judge shall

write the words "Challenged by _____" beside the

voter's signature.

g. The county election board shall certify in writing the

results of the election to the board of education on

the day following the election and on the same day

shall mail a copy of the certification to all employee

organizations that have requested copies of the

certification.

h. Costs of the election shall be paid to the county

election board by the board of education. The costs

shall include the regular salaries of the inspector,

Oklahoma Statutes - Title 70. Schools Page 1011

judge, and clerk, in addition to all other necessary

and reasonable costs. Such costs shall include
ication to all employee

organizations that have requested copies of the

certification.

h. Costs of the election shall be paid to the county

election board by the board of education. The costs

shall include the regular salaries of the inspector,

Oklahoma Statutes - Title 70. Schools Page 1011

judge, and clerk, in addition to all other necessary

and reasonable costs. Such costs shall include

compensation for members of the county election board,

including the secretary.

i. Anyone guilty of voting more than one time in the

election will be guilty of a misdemeanor and subject

to a fine of Two Hundred Dollars ($200.00) or thirty

(30) days in the county jail.

4. No employee shall use regularly scheduled duty time for

campaign purposes.

5. A list of the employees eligible to vote in the election

including their names, addresses, phone numbers, job classification

and work site shall be provided not less than fourteen (14) days

before the election to each organization listed on the official

ballot.

6. Any board or organization challenging the results of any

election held pursuant to the provisions of this section shall post

with the district court a bond of One Thousand Dollars ($1,000.00)

which shall be forfeited if the court finds that the challenge is in

bad faith.

7. In any February more than two (2) years after recognition of

an organization pursuant to the provisions of this section and upon

the receipt of a petition calling for discontinuation of

representation signed by thirty-five percent (35%) of the employees

eligible to be included in the unit, a board shall call an election

to determine whether the members of a unit wish to discontinue being

represented for bargaining. If a majority of the votes cast are

votes to discontinue representation, efforts to gain recognition by

any organization shall be prohibited for a period of two (2) years

commencing with the expiration of the contract then in force. The

ballots used in such election shall, without reference to any

organization by name, offer the single choice of continued

representation or discontinuation of representation.